Montana Code Annotated 2021



Part 1. Direct Parental Placements

Motion To Enter Adoption Decree

42-4-115. Motion to enter adoption decree. (1) The prospective adoptive parent may file a motion for entry of an adoption decree no sooner than 6 months after the court has granted temporary custody to the prospective adoptive parent.

(2) The motion must be supported by the following documents:

(a) the postplacement evaluation prepared pursuant to 42-4-113; and

(b) an updated list of all disbursements made in connection with the adoption proceeding.

(3) A notice of hearing is not required for any party whose parental rights have been terminated in prior proceedings.

(4) The court shall consider the petition and shall grant or deny the petition pursuant to the provisions of 42-4-405 and 42-5-101 through 42-5-109.

(5) If the petition to adopt is denied, the court shall provide notice to the placing parent that the petition has been denied and shall take appropriate action for placement of the child pursuant to 42-5-106.

(6) Finality of the decree or the order denying the decree and the time for appeal are determined pursuant to 42-5-203.

History: En. Sec. 102, Ch. 480, L. 1997.